New public sector management legislation

30/9/93

Premier Richard Court said today that new public sector management legislation would address long-standing deficiencies in the existing Public Service Act and address problems identified by the Royal Commission.

"The events of 'WA Inc' demonstrated clearly that a number of actions need to be taken to ensure that the constitutional integrity of the public service is secure," Mr Court said.

Introducing the Public Sector Management Bill 1993 into State Parliament, the Premier said the unacceptable behaviour of some people in government in the 1980s and early 1990s underscored the need for measures included in the Bill.

"While I do not believe for one moment that we can legislate for 'honesty' in government, we can take measures to protect public service integrity, specify the roles and responsibilities of key players in the process, promote ethical conduct, develop standards and monitor compliance," he said.

"I firmly believe that individuals, including members of Parliament, must take primary responsibility for their behaviour and display good conduct.

"Besides the improper and unacceptable behaviour of individuals in the past, a deficiency of the present system is that no single, independent agency is responsible for the general oversight and supervision of standards across the entire system."

Mr Court said that as a result, one of the most important aspects of the legislation was the creation of an independent statutory office of Commissioner for Public Sector Standards who would report annually to the Parliament.

"The Commissioner will be responsible for establishing codes of ethics and standards of conduct and integrity which will be applied across the public sector," he said.

"The Commissioner will also ensure that public sector employees comply with general principles of official conduct and human resource management."

Other features of the legislation included:

·       the repeal of the Public Service Act and the abolition of the office of Public Service Commissioner;

·       the devolution of management authority to chief executive officers, including authority to manage staff effectively;

·       specified appointment procedures for chief executive officers and senior executives appointed on contract;

·       the outlawing of nepotism and patronage, with merit enshrined as one of the governing principles;

·       tightening of the employment arrangements for staff in ministerial offices; and -

·       procedures to govern the dealings and communications between agency staff and ministerial advisers.

The Premier said the legislation would preserve the best parts of current public service practices and introduce much-needed reforms to ensure that standards of conduct, integrity, equity, merit and probity were applied across the public sector.

"The legislation highlights the importance of service to the community and promotes sound management practices within a realistic framework," he said.

"We have stressed accountability by clarifying the roles of key players in the process.  At the same time we have endeavoured to promote and emphasise effectiveness and efficiency.

"Managers will be given authority to manage and chief executives will be accountable for the management of agencies by means of annual performance agreements."

Mr Court said the reforms to the administrative system were designed to improve Government operations and reflect the recommendations of the Royal Commission.